The PYB Blog
Title Insurance or Survey?
Hi;
You're right, in Ontario lenders do require title insurance to be purchased. Some, however only require lender's title insurance as the minimum requirement which means that you don't get any benefit from this insurance, only they do. Check with your lender and lawyer and if that's the case, ask if you can extend the coverage to homeowner as well.
Title insurance is an excellent product and great value for money. However, there are limits to its coverage. Title insurance ins't boundary insurance. It also doesn't...
Neighbour's post holes on my property
Do you have a survey of your property that shows your building as well as the property line? Use it to determine exactly where the property line is. Does your neighbour have one? That's your starting point - establish consensus on where the boundary actually is. Hiring a surveyor to stake out the property line is your best bet.
Unfortunately we are seeing that this often isn't enough. Even with insurmountable official evidence in your favour you may find your neighbour continues their project.
is an old survey plan ok to use?
Hi Bryan;
Yes it is, providing that the footprint of the building (the location of it's foundation) has not changed. Survey plans that show buildings (called Building Location Surveys or Surveyor's Real Property Reports) typically show the distances between the corners of the building and the property line.
This information is invaluable because it allows you to take those measurements and approximate where, on the ground, the property line is. If the foundation of the building has not changed since the 1957 survey plan...
Protect Your Boundaries, Teranet extended partnership
A new initiative launched by Protect Your Boundaries Inc. and Teranet Inc. will empower Ontario's land professionals with expanded access to the digital resources they need to thrive in a real estate and property sector being disrupted by technological innovation and the impacts of COVID-19. The expanded partnership aims to make critical land data more accessible and easier to understand for buyers and sellers. “We’re democratizing land data by compiling and explaining official property and boundary information so that it’s more accessible and easier to understand,” said Chris Kamarianakis, CEO of Protect Your Boundaries. “We’re making sure the right information gets into the right hands so people can make informed choices about what for many is the biggest financial decision that they’ll ever make.” To learn more, see the news release below.
Where is the Boundary on a Survey Plan?
Assuming you have a survey that you determine is decent to use, the first thing you're going to do is look and see / determine where the boundary is. And the boundary on a survey plan is always the thick, dark line. Look for the thickest, darkest line, that's going to be your boundary.
Now, don't confuse the front boundary of the property with where the road is or the curb or the sidewalk is. That's not where the boundary is. Some people take measurements from ...
How has the lawyers job changed with the Introduction of Title Insurance?
Many of you I know practiced real estate before title insurance came in, right? And those of you who did will remember the amount of work that the lawyer used to do prior to closing, to assure good title.
You always had to get a survey plan by the way and the lawyer did a full 40 year title research, and off title search to make sure that there were no outstanding permits or warrants or anything else like that. They also looked ...
What are some different types of survey plans and why they are different?
“Land Survey” is the term that encapsulates pretty much all the different types of plans the surveyor would produce. Within that there are two general types of land survey. Public plans and Private Plans.
Public Plans
Public plans include Registered Plans, Reference Plans, Plans of Subdivision and Condo Plans. These are the plans that normally you'll find at the Registry Office. These types of plans typically only have a certain amount of information on them. What do they show? Well, these types of plans show ...
Why doesn't lawyer want to see a survey in the real estate deal?
We at the BoundaryWise Academy and Protect Your Boundaries, know that title insurance is an exceptional product, a great insurance product that protects lenders and lawyers and homeowners in valued ways.
The other thing that I want you to take home out of this is that real estate lawyers are not trying to be nefarious or lazy or any of those other things that they sometimes get accused of when it comes to this whole conversation around title insurance. The simple answer to the question of...
What to do if your client asks if they can claim Adverse Possession?
So, when somebody asks you, can I claim adverse possession? Really, there are two questions that you should come back with: First, what is the land status? Then, if it is Land Titles Qualified, you ask, what is the date of conversion? Only once you have that information can you really give any advice or any counsel to your client.
So where do we find out where the land status is, and where do we find out where the date of conversion is? It's the Parcel Register.
The condo my client purchased is 350 square feet, but upon measuring it, it is only 290 square feet, was this misrepresented?
What you see is not what you get when it comes to condominium areas. You are buying a twelve hundred square foot condo, that twelve hundred feet is determined according to Tarion’s Bulletin 22 and is called the marketing area or the salable area of the condo.
Now, what you end up living in, though, is that square footage, minus half the thickness of the demising walls, minus the full thickness of exterior walls, minus the thickness of the corridor walls, minus the area ...